Legal systems: judges and judicial powers Books
Texas A & M University Press Texas People's Court: The Fascinating World of
Book SynopsisFrom 1983 to 1987, author Mark Dunn worked as a court clerk for a justice of the peace in Travis County, Texas, where, he says, “I learned more about human nature . . . than I could have learned in any other job I might have taken up as a bushy-tailed kid from Tennessee.” Based on interviews with 200 justices of the peace from all parts of Texas, Texas People’s Court promises to take readers on a tour of what it means to be a Texas justice of the peace: an experience that is by turns hilarious, sobering, heart-wrenching, and, from one end to the other, fascinating.Here in the Texas justice court, wrongs can be righted and lives changed in profound ways. A priceless family necklace might finally be restored to the rightful owner; an occupational driver’s license fortuitously granted. A death inquest may become an opportunity for family reflection and valediction, with the attending judge as sympathetic witness.In each of its chapters, Texas People’s Court takes up a different aspect, duty, or area of thought related to the profession of justice of the peace taken from conversations with JPs throughout the state of Texas—from those who serve in its most populous municipalities to rural county JPs—putting a human face on the responsibilities, attitudes, and perspectives that motivate their judgments. The result is a thoroughly entertaining, sympathetic view of what Dunn calls “the day-to-day observation of human conflict in microcosm.”
£21.21
American Bar Association The Supreme Court in Transition: October Term
Book SynopsisTable of Contents Introduction to October Term 2020 LI> Antitrust and college sports Bankruptcy law Civil rights litigation Criminal law and procedure Federal court jurisdiction First Amendment: Free Exercise of Religion First Amendment: Freedom of Speech Immigration law Indian Law Intellectual property Personal jurisdiction Separation of powers The Takings Clause Voting rights Conclusion: Looking ahead
£43.36
American Bar Association A Momentous Year in the Supreme Court: October
Book SynopsisThis review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.Table of ContentsTable of Contents:Preface Introduction to October Term 2021 Abortion Administrative Law Civil Rights Litigation Criminal Law and Procedure Election Law Federal Court Jurisdiction First Amendment: Freedom of Speech First Amendment: Religion Immigration Law Indian Law Second Amendment State Secrets Conclusion: Looking Ahead Index
£43.33
Ankerwycke Crimes and Punishments: Entering the Mind of a
Book Synopsis
£36.80
Encounter Books,USA Judicial Fortitude: The Last Chance to Rein In
Book SynopsisIn this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resulting in what many call the administrative state. The judiciary bears the major responsibility for this development because it has failed to carry out its primary constitutional responsibility: to enforce the constitutional separation of powers by ensuring that the elected branches of government—the legislative and the executive—remain independent and separate from one another. Since 1937, and especially with the Chevron deference adopted by the Supreme Court in 1984, the judiciary has abandoned this role. It has allowed Congress to delegate lawmaking authorities to the administrative agencies of the executive branch and given these agencies great latitude in interpreting their statutory authorities. Unelected officials of the administrative state have thus been enabled to make decisions for the American people that, in a democracy, should only be made by Congress. The consequences have been grave: unnecessary regulation has imposed major costs on the U.S. economy, the constitutional separation of powers has been compromised, and unabated agency rulemaking has created a significant threat that Americans will one day question the legitimacy of their own government. To address these concerns, Wallison argues that the courts must return to the role the Framers expected them to fulfill.
£17.09
Fairleigh Dickinson University Press No Place for Ethics: Judicial Review, Legal
Book SynopsisIn No Place for Ethics, Hill argues that contemporary judicial review by the Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. To assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or making ethics an expression of law.To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the US Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and normatively based on principles, like that of justice and truth that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.Trade ReviewIs the American constitution a “dead” document—an end in itself—as Associate Justice Antonin Scalia maintained, or should it, through a grounding in ethics, be seen as a means of upholding the rights of the people? Through an acute analytic framework and close analysis of five SCOTUS cases, Patrick Hill demonstrates how a sterile formalism has frustrated justice and distorted the law’s true purposes. This is a timely book. -- Harry Keyishian, Professor Emeritus of English, Fairleigh Dickinson University, and former Director, Fairleigh Dickinson University PressProfessor Hill provides a compelling anodyne for the ideological “isms” that animate the current decisions of our nation's highest tribunal. All called to the bench and bar will be inspirited by the author's singular passion for justice. -- Hon. Hon. Paul W. Armstrong, Rutgers UniversityTable of ContentsIntroduction: Ethics and Law, A Complicated but Necessary RelationshipOneLochner v. New York, 198 US 45 (1905): Public Health and. the Constitutionally Protected Right of Contract between an Employer and EmployeesTwoDeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989): Liberty and the Due Process Clause of the Fourteenth AmendmentThreeNew York v. United States, 505 U.S. 144 (1992): Wither the Social Contract?FourFDA v. Brown & Williamson Tobacco Corporation, 529 U.S 98 (2000): FDA Uses the Food, Drug, and Cosmetics Act (FDCA) of 1938 to Claim Regulatory Authority Over Tobacco ProductsFiveUnited States v. Morrison, 529 U.S. 598 (2000): Legal Formalism versus Human Rights, Federal Civil Remedies and the Victims of Gender-Motivated Violence
£72.90
Columbia Global Reports The Agenda: How a Republican Supreme Court is
Book SynopsisWhat will a conservative Supreme Court do with its power? From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States.Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right—its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws. "Ian Millhiser offers a perfect short read for a key moment in U.S. constitutional history." —The Guardian "A cogent, timely warning about the fragility of American democracy." —Kirkus ReviewsTrade Review“A perfect short read for a key moment in US constitutional history.” —Guardian“In this short and very accessible work ... Millhiser makes a strong case that Americans should be worried about what a Supreme Court shaped in no small part by Donald Trump’s three appointees—Trump, who defeated Hillary Clinton with almost 3 million fewer votes—will mean for the future of our nation and our democracy.” — Geoffrey R. Stone, Washington Post“Millhiser argues persuasively that the Supreme Court, with its Republican majority, ‘is potentially an existential threat to the Democratic party’s national ambitions—and, more importantly, to liberal democracy in the United States’.... A cogent, timely warning about the fragility of American democracy.” —Kirkus Reviews“Ian Millhiser offers an engaging, accessible and well-informed statement of progressive anxieties about what the Supreme Court’s newly strengthened conservative majority may do.” —Zachary Price, SCOTUSblog
£11.39
Athabasca University Press Violence, Imagination, and Resistance:
Book Synopsis
£25.19
Intersentia Ltd European Judicial Systems as a Challenge for
Book Synopsis'The role of the European judiciary in the process of European integration cannot be overestimated. The achievements of European integration after the second world war are usually analyzed from the perspective of political decisions that were made, initially, by the Founding Fathers and, subsequently, by the political leaders of the European countries. However, in the public debate we very often forget how much we owe to the two supreme jurisdictions of Europe, that is the Court of Justice of the European Union and the European Court of Human Rights. The continuing extension of the competences of the European Union, especially in the field of economic and monetary policy, calls for a new assessment of the nature of the decision-making process at the European level.'-- From the foreword by Prof. Maciej Szpunar, Advocate General at the Court of Justice of the European Union'The European judiciary i.e. the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national courts interpreting and applying European law sensu largo have shaped [the process of European integration] actively, alongside the Founding Fathers, European nations, European states and their citizens. The involvement of the judiciary raises its own wide range of questions concerning the very nature of democracy. Much ink has already been spilled over issues such as democratic legitimacy, subsidiarity and accountability, the rule of law or judicial activism.[...] seventeen scholars from across Europe [...] share their views on the European judiciary as a challenge for democracy. The various contributions to the present volume are split into two parts. The first provides ten chapters on the judicial systems of the European Union (EU), discussing, inter alia, recognition of democratic principles in the case law of the CJEU, contribution thereof to the democratisation of the Union and reception of EU law in the Member States. The second part discusses the judicial means to protect human rights in Europe, consisting of three chapters devoted to the promise of advisory opinions of the ECtHR as well as to democratic standards for voting and for fair trial.'-- From the preface by the Editors'[...] the editors, authors and the publisher of this volume decided to take a closer look at the relation between democracy and activities of something that might be called ''European judicial systems''. And what is intriguing these systems are perceived here as a challenge for democracy.[...] This book does not exhaust all problems and issues for European judicial systems confronted with the very notion of democracy; there are simply too many of them. But it comes with a fresh look on perhaps the most pertinent ones, like the issue of the legal creativity of judges in both Luxembourg and Strasbourg. It was worth waiting for this volume.'-- Prof. Dr. Paul De Hert, Free University Brussels and Tilburg UniversityTable of ContentsForeword by Prof. Maciej Szpunar Preface List of Abbreviations PART ONE. THE COURT OF JUSTICE OF THE EUROPEAN UNION1. Democracy in Constitutional Politics of European Courts: An Overview of Selected IssuesBogusia Puchalska 1. Introduction 2. The ECJ and national courts: power struggle or cooperation? 2.1. European Court of Justice: its own master? 2.2. The main tenets of ECJ's constitutional politics 2.3. The enduring attraction of the concept of sovereignty in relationsbetween the ECJ and NCs 2.4. Beyond 'sovereignty': power struggle, or power-posturing? 3. The supremacy of EU economic policy 3.1. What is the model of economic policy entrenched in the Treaties? 3.2. The ECJ and the EU's 'democratic deficit' 3.3. Entrenchment of the EU economic policy, TTIP, and the role of the courts 3.3.1. Democratic deficit of economic policy and the courts a. Investor-state dispute settlement 4. Conclusions Bibliography 2. The Institutional Balance as CJEU's Contribution to Democracy in the Union: Selected IssuesTomasz Dubowski 1. Introduction 2. The CJEU and the traces of institutional balance in the Treaties 3. Institutional balance as a general principle of EU (EC) law? The Court's role 4. Institutional balance and democracy in the EU - visible links 5. Conclusion Bibliography 3. From Judicial Dialogue Towards Constitutional Spill-Over? The Economic Analysis of Preliminary Reference Procedure and the Application of the EU Charter of Fundamental RightsMariusz J. Golecki 1. Introduction 2. Constitutional courts and the preliminary reference procedure: judicial dialogue and judicial spill-over 3. Towards an economic analysis of breach of the EU Charter of Fundamental Rights by the national constitutional court 4. Tentative conclusion Bibliography 4. Towards the Democratization of the EU? Strengthening prerogatives of the European Parliament in the case law of the Court of Justice of the European UnionAgnieszka Piekutowska 1. Introduction 2. The defence of the prerogatives of the European Parliament before the CJEU. Pre-Lisbon case-law . 3. Post-Lisbon judgments of the CJEU on the EP's prerogatives 4. Conclusion Bibliography 5. Democratic Values in the Court of Justice Adjudication on the Private Enforcement of the European Union Competition LawFranciszek Strzyczkowski 1. Introduction 2. The influence of the American experience on private enforcement of the European antitrust law 3. The importance of the reform of the EU competition law enforcement 3.1. Towards fostering private damages actions - proposals of the European Commission 4. The position of the European Courts 5. Locus standi to claim damages under European Union competition law 6. Concluding remarks Bibliography 6. Judicial Control of Monetary and Fiscal Decisions in theEuropean UnionFilip Krepelka 1. Introduction 2. Traditional and emerging roles of judiciary 3. Rules and institutions for monetary and fiscal policy 4. A single currency for the integration in the European Union 5. Original legal framework for the euro 6. Onset of the debt crisis and its causes 7. Alleviation of the crisis and prevention of its escalation8. Political consequences of the crisis 9. Legal aspects of remedies and reinterpretation of rules 10. Judicial involvement in the crisis 11. Conclusions Bibliography 7. How CJEU's "Privacy Spring" Construed the Human Rights Shield in the Digital AgeGabriela Zanfir 1. Introduction 2. The relationship between individuals and the state in the digital world: Digital Rights Ireland 2.1. Preliminary observation: there is a wide societal interest in protecting human rights against the bulk collection and retention of metadata 2.2. Bulk retention of metadata touches on the freedom of expression, not only on privacy 2.3. Clarification on the differences in content between Articles 7 and 8 of the Charter 2.4. Requirements for data retention legislation to comply with fundamental rights 3. The relationship between individuals and private bodies in the digitalworld: Google v. Spain 3.1. Internet search engines are data controllers and their activity involves processing of personal data 3.2. "Global" territorial scope of Directive 95/46/EC3.3. The right to erasure applies when the processing does not comply with the provisions of Directive 95/46/EC 3.4. Criteria for the balance of rights 4. Conclusion Bibliography 8. The Supremacy of the EU Law as Interpreted by the Polish Constitutional TribunalElzbieta Kuzelewska and Dariusz Kuzelewski 1. Introduction 2. Specificity of the constitutional review in Poland 3. The primacy of the EU law over national law 4. The principle of supremacy in the light of the Polish Constitutional Tribunal's judicature 5. Conclusions Bibliography 9. Reception of EU Law in Polish Courts - A Case of "Teddy Bear" LawIzabela Krasnicka 1. Introduction 2. The principle of supremacy, the principle of direct effect and the principle of indirect effect of EU law 3. "Working time" under the Polish law and EU law 4. Czeslaw Mis' arguments in the light of the ECJ case law 5. Arguments of the Polish courts 6. The final decision and its consequences 7. Closing remarks Bibliography 10. Enforcing Europe's Foundational Values in Central and Eastern Europe: A Case in PointTine Carmeliet and Georgia Christina Kosmidou1. Introduction 2. Shortcomings of the EU's institutional framework 2.1. Article 7 TEU 2.1.1. Procedural obstacles 2.1.2. Substantive obstacles 2.1.3. Conclusion 2.2. Legal creativity to protect the European foundational values 2.2.1. Infringement actions by the European Commission 2.2.2. Social pressure and issue linkage 3. Policy recommendations 3.1. In search for a definition of liberal democracy 3.2. A stronger role for the CJEU 4. Concluding observations Bibliography PART TWO. THE EUROPEAN COURT OF HUMAN RIGHTS11. Protocol 16 to the ECHR: A Convenient Tool for Judicial Dialogue and Better Domestic Implementation of the Convention?Wladyslaw Jozwicki 1. Introduction 2. Protocol 16 - background 3. The new advisory opinion mechanism - basic characteristics3. Protocol 16 and the chances it opens 3.1. A step towards enhancing domestic implementation of the ECHR 3.2. A step towards more harmonious and up-to-date interpretation of the Convention 4. Protocol 16 and its drawbacks 4.1. ECtHR - victim of its success revisited? 4.2. The optional and nonbinding character of the AOs and some practical concerns 4.3. Protocol 16 and the EU 5. Conclusion Bibliography 12. The EU's Parliamentary Representation in the Light of the StrasbourgCourt's Sejdic and Zornic Standards: Is there Tendency for a New Parliamentary Order in the EU?Fisnik Korenica and Dren Doli 1. Introduction 2. EU's constitutional architecture with regard to parliamentary representation 3. A note on the concept of parliamentary representation in the light of Sejdic and Zornic: European Parliament of the EU people or European Parliament of the EU Member States peoples 4. Thresholds on EU Parliament and 'regressive proportionality' model of electoral system: is there an objective system of electoral criteria? 5. Concluding remarks and a general forthcoming outlook Bibliography 13. The European Concept of a Fair Trial and the Legal Admissibility of Assessors in the Polish Judicial SystemKarol Pachnik and Jakub Krajewski 1. Introduction 2. The position of an assessor in Polish common courts 3. Standards of a fair trial 4. Amending the organisation of courts 5. Regulations on assessors in Polish administrative courts - possible solutions 6. Conclusion Bibliography
£54.15
Intersentia Ltd Collective Judging in Comparative Perspective:
Book SynopsisThis book provides unique insights into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the court's decision differ markedly. Judges from some of the world's most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise. They address matters such as the question of panel constitution, the operation of rapporteur systems, pre-and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties' advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. They allow the reader a unique inside view into the functioning of modern judicial bodies. The judges' chapters are supplemented by a series of comparative analyses and reflections on the lessons to be learnt from them. Collective Judging in Comparative Perspective thus also provides an ideal starting point for thinking about future court design.Table of ContentsPart I. Designing Collegiate Courts' Decision-Making Processes Chapter 1. The Fine-Mechanics of Judicial Majoritarianism (p. 1) Part II. Collegiate Courts in the Common Law Tradition Chapter 2. Collective Judging in the UK Supreme Court (p. 19) Chapter 3. Collective Judging in the Court of Appeal of England and Wales (p. 37) Chapter 4. An Australian Perspective on Collective Judging (p. 47) Chapter 5. Collegial Decision-Making in the US Courts of Appeals (p. 57) Part III. Collegiate Courts in the European Civil Law Tradition Chapter 6. Collective Judging in the French Court de Cassation (p. 127) Chapter 7. Collective Judging in Germany (p. 141) Chapter 8. Why is the German Federal Constitutional Court a Deliberative Court, and Why is That a Good Thing? A Comparative Assessment (p. 157) Chapter 9. Collective Judging at the Swiss Supreme Court (p. 181) Chapter 10. Decision-Making in Appellate Courts: An Austrian Experience (p. 195) Part IV. Collegiate Courts in a Non-European Civil Law Jurisdiction: The Case of Japan Chapter 11: Collective Judging by Collegiate Courts in Japan (p. 205) Part V. Supranational and International Collegiate Courts Chapter 12: The Fine-Mechanics of Judicial Decision-Making at the European Court of Human Rights (p. 225) Chapter 13: Collective Judging in the Court of Justice of the European Union (p. 253) Chapter 14: The Anatomy of the Deliberation Process at International Criminal Tribunals (p. 267) Chapter 15: Collective Judging in the Catholic Church (p. 283) Part VI. Voices from the Audience and Closing Remarks Chapter 16: Decision-Making by the Boards of Appeal of the European Patent Office (p. 291) Chapter 17: Collegiality and Collectivity in Common Law Courts (p. 303) Chapter 18: Should Judges Tell Us What They Think? (p. 323) Chapter 19: Beyond Anecdote and Synecdoche (p. 327) Chapter 20: Concluding Remarks (p. 339)
£84.55
Edward Elgar Publishing Ltd The Economics of Judicial Behaviour
Book SynopsisThis excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges' motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.Table of ContentsContents: Volume I Acknowledgements Introduction Lee Epstein PART I THE JUDGE: MOTIVATIONS, CAREERS AND PERFORMANCE 1. Richard A. Posner (1993), ‘What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)’ 2. Christopher R. Drahozal (1998), ‘Judicial Incentives and the Appeals Process’ 3. J. Mark Ramseyer and Eric B. Rasmusen (2001), ‘Why Are Japanese Judges So Conservative in Politically Charged Cases?’ 4. Mark A. Cohen (1991), ‘Explaining Judicial Behavior or What's “Unconstitutional” about the Sentencing Commission?’ 5. Daniel Klerman (1999), ‘Nonpromotion and Judicial Independence’ 6. Stephen J. Choi, G. Mitu Gulati and Eric A. Posner (2009), ‘Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate’ 7. Thomas J. Miceli and Metin M. Coşgel (1994), ‘Reputation and Judicial Decision-Making’ 8. Hon. Richard A. Posner (2005), ‘Judicial Behavior and Performance: An Economic Approach’ 9. William M. Landes, Lawrence Lessig and Michael E. Solimine (1998), ‘Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges’ 10. Gilat Levy (2005), ‘Careerist Judges and the Appeals Process’ 11. James F. Spriggs, II and Paul J. Wahlbeck (1995), ‘Calling It Quits: Strategic Retirement on the Federal Courts of Appeals, 1893–1991’ PART II JUDICIAL INDEPENDENCE AND DEPENDENCE 12. Rafael La Porta, Florencio López-de-Silanes, Cristian Pop-Eleches and Andrei Shleifer (2004), ‘Judicial Checks and Balances’ 13. Daniel M. Klerman and Paul G. Mahoney (2005), ‘The Value of Judicial Independence: Evidence from Eighteenth Century England’ 14. William M. Landes and Richard A. Posner (1975), ‘The Independent Judiciary in an Interest-Group Perspective’ 15. John Ferejohn (1999), ‘Independent Judges, Dependent Judiciary: Explaining Judicial Independence’ 16. Melinda Gann Hall (1992), ‘Electoral Politics and Strategic Voting in State Supreme Courts’ 17. Alexander Tabarrok and Eric Helland (1999), ‘Court Politics: The Political Economy of Tort Awards’ 18. Gregory A. Huber and Sanford C. Gordon (2004), ‘Accountability and Coercion: Is Justice Blind when It Runs for Office?’ PART III OPINIONS AND PRECEDENT 19. Jeffrey K. Staton and Georg Vanberg (2008) ‘The Value of Vagueness: Delegation, Defiance, and Judicial Opinions’ 20. Michael Abramowicz and Emerson H. Tiller (2009), ‘Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making’ 21. William M. Landes and Richard A. Posner (1980), ‘Legal Change, Judicial Behavior, and the Diversity Jurisdiction’ 22. Lee Epstein, William M. Landes and Richard A. Posner (2011), ‘Why (and When) Judges Dissent: A Theoretical and Empirical Analysis’ 23. Virginia A. Hettinger, Stefanie A. Lindquist and Wendy L. Martinek (2004), ‘Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals’ 24. Eric Rasmusen (1994), ‘Judicial Legitimacy as a Repeated Game’ 25. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’ 26. Lewis A. Kornhauser (1992), ‘Modeling Collegial Courts I: Path-Dependence’ 27. Jeffrey A. Segal and Harold J. Spaeth (1996), ‘The Influence of Stare Decisis on the Votes of United States Supreme Court Justices’ 28. Jack Knight and Lee Epstein (1996), ‘The Norm of Stare Decisis’ 29. Lewis A. Kornhauser (1995), ‘Adjudication by a Resource-Constrained Team: Hierarchy and Precedent in a Judicial System’ 30. Ethan Bueno de Mesquita and Matthew Stephenson (2002), ‘Informative Precedent and Intrajudicial Communication’ 31. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’ 32. McNollgast (1995), ‘Politics and the Courts: A Positive Theory of Judicial Doctrine and the Rule of Law’ 33. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’ Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART IV COLLEGIAL COURTS 1. Gregory A. Caldeira, John R. Wright and Christopher J.W. Zorn (1999), ‘Sophisticated Voting and Gate-Keeping in the Supreme Court’ 2. David W. Rohde (1972), ‘Policy Goals, Strategic Choice and Majority Opinion Assignments in the U.S. Supreme Court’ 3. Jeffrey R. Lax and Charles M. Cameron (2007), ‘Bargaining and Opinion Assignment on the US Supreme Court’ 4. Paul J. Wahlbeck, James F. Spriggs and Forrest Maltzman (1998), ‘Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court’ 5. Chris W. Bonneau, Thomas H. Hammond, Forrest Maltzman and Paul J. Wahlbeck (2007), ‘Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court’ 6. Jeffrey R. Lax (2007), ‘Constructing Legal Rules on Appellate Courts’ 7. Frank H. Easterbrook (1982), ‘Ways of Criticizing the Court’ 8. Lewis A. Kornhauser and Lawrence G. Sager (1986), ‘Unpacking the Court’ 9. Robert Anderson IV and Alexander M. Tahk (2007), ‘Institutions and Equilibrium in the United States Supreme Court’ 10. Frank B. Cross and Emerson H. Tiller (1998), ‘Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeal’ 11. Sean Farhang and Gregory Wawro (2004), ‘Institutional Dynamics on the U.S. Court of Appeals: Minority Representation under Panel Decision Making’ 12. Jonathan P. Kastellec (2007), ‘Panel Composition and Judicial Compliance on the US Courts of Appeals’ PART V THE HIERARCHY OF JUSTICE 13. Jeffrey R. Lax (2003), ‘Certiorari and Compliance in the Judicial Hierarchy: Discretion, Reputation and the Rule of Four’ 14. Charles M. Cameron, Jeffrey A. Segal and Donald Songer (2000), ‘Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court’s Certiorari Decisions’ 15. Tracey E. George and Michael E. Solimine (2001), ‘Supreme Court Monitoring of the United States Courts of Appeals En Banc’ 16. Tom S. Clark (2009), ‘A Principal-Agent Theory of En Banc Review’ 17. Linda R. Cohen and Matthew L. Spitzer (1994), ‘Solving the Chevron Puzzle’ 18. Matt Spitzer and Eric Talley (2000), ‘Judicial Auditing’ 19. Steven Shavell, (1995), ‘The Appeals Process as a Means of Error Correction’ 20. Chad Westerland, Jeffrey A. Segal, Lee Epstein, Charles M. Cameron and Scott Comparato (2010), ‘Strategic Defiance and Compliance in the U.S. Courts of Appeals’ 21. Walter F. Murphy (1959), ‘Lower Court Checks on Supreme Court Power’ PART VI EXECUTIVE AND LEGISLATURE 22. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City Cases”’ 23. William N. Eskridge, Jr. (1991), ‘Overriding Supreme Court Statutory Interpretation Decisions’ 24. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’ 25. Jeffrey A. Segal, Chad Westerland and Stefanie A. Lindquist (2011), ‘Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model’ 26. Tom S. Clark (2009), ‘The Separation of Powers, Court Curbing, and Judicial Legitimacy’ 27. Gretchen Helmke (2002), ‘The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy’ 28. Lee Epstein, Jack Knight and Olga Shvetsova (2001), ‘The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government’ 29. Georg Vanberg (2001), ‘Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review’ 30. James R. Rogers (2001), ‘Information and Judicial Review: A Signaling Game of Legislative-Judicial Interaction’ 31. Joseph L. Smith and Emerson H. Tiller (2002), ‘The Strategy of Judging: Evidence from Administrative Law’ 32. William H. Riker and Barry R. Weingast (1988), ‘Constitutional Regulation of Legislative Choice: The Political Consequences of Judicial Deference to Legislatures’
£785.65
Edward Elgar Publishing Ltd American Judicial Power: The State Court
Book SynopsisAmerican Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.Trade Review'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. American Judicial Power does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, American Judicial Power is an essential work.' --Michael A. Wolff, Saint Louis University, School of Law'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.' --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of American Judicial Power. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. American Judicial Power leads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders, American Judicial Power connects the past with the future.' --Mary Campbell McQueen, President, National Center for State Courts,Table of ContentsContents: 1. Context 2. Key Concepts 3. The Role of State Courts: An Historical Perspective 4. Modern State Judicial Selection in Theory and Practice 5. Modern State Judicial Structures 6. State Constitutions, Legislative Policymaking and State Judicial Power 7. State Courts and Emerging Policy Areas 8. Conclusion Index
£109.25
Edward Elgar Publishing Ltd Abuse of Dominance in EU Competition Law:
Book SynopsisGranting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become 'abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by 'dominant' firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. Employing a range of case studies, this illuminating book adds a cross-country perspective to the ongoing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analyzing the case law of the EU Courts and EU Commission that determine what conduct falls in the 'abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision. Astute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.Contributors include: M. Botta, R. Karova, M. Marquis, G. Monti, P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M. Siragusa, M.L. Stasi, R. WhishTrade Review'An analysis of emerging trends in the application of abuse of dominance provisions is an ambitious endeavour, which the authors of this volume have remarkably achieved. Among the trends identified are an increased focus by courts on the intention to harm competition, new types of abuses and decentralization. These trends shape the authors' analysis of the divergent manners in which Article 102 (and/or national equivalents) are interpreted and applied both at EU and national levels. Including a thorough study of recent national cases, this book's comparative approach will provide relevant insight to the entire competition law world. I strongly endorse this book and congratulate the authors on their successful contributions.' --(Hein Hobbelen, Freshfields Bruckhaus Deringer, Belgium)Table of ContentsContents: Foreword 1. Introduction Pier Luigi Parcu, Giorgio Monti and Marco Botta 2. The role of intent in the assessment of conducts under Article 102 TFEU Pier Luigi Parcu and Maria Luisa Stasi 3. Article 102: Sources of Interpretation Giorgio Monti 4. Article 102 TFEU in the UK: Victims of Abuse Go Directly to Court Richard Whish 5. Standard-essential patents and abusive patent injunctions – the interplay between German courts and the CJEU Heike Schweitzer 6. Finding of dominance in Austria and Germany – What is the proper role of presumptions of dominance? Florian Schuhmacher 7. Italy - New forms of abuse of dominance and abuse of law Mario Siragusa 8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends Patrick Actis Perinetto and Mel Marquis 9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency? Rozeta Karova and Marco Botta Index
£89.30
Edward Elgar Publishing Ltd Regulating Judges: Beyond Independence and
Book SynopsisRegulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world. This innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world. Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.Scholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.Contributors include: D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone , M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-GutmanTrade Review‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’ -- Lorne Neudorf, Cambridge Law Journal'Too often, the regulation of judges is justified as striking a 'balance' (usually at an arbitrary point) between judicial independence and public accountability. Regulating Judges breaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries - many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read Regulating Judges and learn and digest its insights.' --Reid Mortensen, Legal Ethics'We often use the accountability-independence dichotomy to examine judicial conduct. In their book, Regulating Judges: Beyond Independence and Accountability, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.' --Susan Saab Fortney, Texas A&M University, School of LawTable of ContentsContents: Foreword Justice Richard Goldstone 1. Regulating Judges: Challenges, Controversies and Choices Richard Devlin and Adam Dodek 2. The Australian Judiciary: Resistant to Reform? Gabrielle Appleby and Suzanne Le Mire 3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil Maria Angela Jardim de Santa Cruz Oliveira 4. ‘Fighting Words’: Regulating Judges in Canada Adam Dodek and Richard Devlin 5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System Ray Worthy Campbell and Fu Yulin 6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence Dubravka Akšamović 7. Judicial Policy in England and Wales: A New Regulatory Space Graham Gee 8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany Christian Wolf and Fabienne Klass 9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back? Tony George Puthucherril 10. Reluctant Reformers? Formalizing Judicial Regulation in Ireland David Fennelly 11. Decentralized Regulation: Reconciling Inter-branch Tensions in Israel Limor Zer-Gutman 12. Clash of Visions: Regulating Judges and Prosecutors In Italy Marco Fabri 13. Regulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms Kay-Wah Chan 14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia Jaclyn L. Neo and Helena Whalen-Bridge 15. Discipline and Modernise: Regulating New Zealand Judges Tim Dare 16. The Portuguese Judiciary Amid Old and New Crises Fernando Dias Simões 17. An Internal Code of Ethics: Regulating Judges in Singapore Helena Whalen-Bridge and Jaclyn Neo 18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes Alexei Trochev 19. Struggling to Adapt: Regulating Judges in South Africa Hugh Corder 20. Regulating Judges in The United States: Concerns for Public Confidence Sarah M.R. Cravens Index
£132.05
Edward Elgar Publishing Ltd American Judicial Power: The State Court
Book SynopsisAmerican Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.Trade Review'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. American Judicial Power does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, American Judicial Power is an essential work.' --Michael A. Wolff, Saint Louis University, School of Law'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.' --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of American Judicial Power. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. American Judicial Power leads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders, American Judicial Power connects the past with the future.' --Mary Campbell McQueen, President, National Center for State Courts,Table of ContentsContents: 1. Context 2. Key Concepts 3. The Role of State Courts: An Historical Perspective 4. Modern State Judicial Selection in Theory and Practice 5. Modern State Judicial Structures 6. State Constitutions, Legislative Policymaking and State Judicial Power 7. State Courts and Emerging Policy Areas 8. Conclusion Index
£44.60
Edward Elgar Publishing Ltd The Fragmented Landscape of Fundamental Rights
Book SynopsisThe composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. VioliniTrade Review‘Each contribution in this compendium is well researched and worth reading, making the volume an impeccable resource for anyone interested in the question of fragmentation of fundamental rights protection.’ -- Christian Breitler, European Yearbook on Human RightsTable of ContentsContents: The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction Lorenza Violini and Antonia Baraggia Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE 1. Human Rights Inflation in the European Union Matej Avbelj 2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions Federico Fabbrini 3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold Oreste Pollicino Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION 4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape Šejla Imamović 5. The Bundesverfassungsgericht’s Human Dignity Review: Solange III and its Application in Subsequent Case Law Clara Rauchegger 6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems Luca Pietro Vanoni Part III THE ‘HIDDEN’ SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES 7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights Lorenza Violini 8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe Katrien Meuwissen 9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape Maria Elena Gennusa 10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission Simona Granata-Menghini and Stefania Ninatti Index
£100.00
Edward Elgar Publishing Ltd Intellectual Property and the Judiciary
Book Synopsis'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'- Rochelle Dreyfuss, New York University, School of Law, USIntellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. YuTrade Review'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.' --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.' --Raquel Xalabarder, The Open University of Catalonia, Spain'Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.' --Martin Senftleben, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko 2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer 3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths 5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel 6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo 8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata 9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller 11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad 12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger 13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law! Stefan Martin 14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl Part II Intellectual Property and courts in the United States and Japan 15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn 16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka 17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel 19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu 20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais Index
£150.00
Edward Elgar Publishing Ltd Competition Law and Big Data: Imposing Access to
Book SynopsisIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.Trade Review‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law JournalTable of ContentsContents: 1. Introduction PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS 2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets 3. Information in digital markets 4. Characteristics of digital markets and their implications on the assessment of market power 5. Dominance of online platforms 6. Law on abuse of dominance in digital markets PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS 7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours 8. Background on the antitrust investigations into Google 9. Is Google dominant? 10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms 11. Search bias as an abuse of dominance 12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES 13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries 14. Intersection between digital markets and competition law. problems and practical solutions 15. Conclusions Index
£109.00
Edward Elgar Publishing Ltd Judicial Engagement of International Economic
Book SynopsisIn this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises. By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined. Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.Trade Review'The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang's comprehensive study in the fields of trade and investment through the key concept of ''engagement'' between the relevant courts and tribunals contributes to fill this gap and is highly welcome!' --Geir Ulfstein, University of Oslo, Norway'Zang's book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.' --Laurence Boisson de Chazournes, University of Geneva, Switzerland'A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.' --J.H.H. Weiler, New York University, USTable of ContentsContents: 1. Introduction 2. Dialogue through jurisprudence: engagement between the WTO dispute settlement and the Court of Justice of the European Union 3. When the multilateral meets the regional and vice versa: engagement between the WTO dispute settlement and regional adjudicators 4. Competitive friendship: engagement between international trade and investment adjudicators 5. Conclusion Bibliography Index
£78.00
Berghahn Books The Candle and the Guillotine: Revolution and
Book Synopsis As in a number of France’s major cities, civil war erupted in Lyon in the summer of 1793, ultimately leading to a siege of the city and a wave of mass executions. Using Lyon as a lens for understanding the politics of revolutionary France, this book reveals the widespread enthusiasm for judicial change in Lyon at the time of the Revolution, as well as the conflicts that ensued between elected magistrates in the face of radical democratization. Julie Patricia Johnson’s investigation of these developments during the bloodiest years of the Revolution offers powerful insights into the passions and the struggles of ordinary people during an extraordinary time.Trade Review “Johnson has provided a useful additional perspective on Revolutionary Lyon.” • English Historical Review “One of the most tragic episodes of the French Revolution was the violent civil war in the city of Lyon in 1793 and the sweeping repression subsequently imposed by Jacobin revolutionaries. The loss of life scarred the city for generations. By focusing on a key rebel, the judge Jean-Jacques Ampère, Julie Johnson captures expertly how rival conceptions of politics and justice increasingly and fatally divided radical and moderate revolutionaries.” • Peter McPhee, University of Melbourne “Johnson deftly navigates the relevant secondary literature on the Revolution in Lyon, commenting judiciously on past controversies, weighing in where appropriate, and pointing to deficiencies or lacunae in what has been written in the past. Her research is sound, the writing is clear and engaging, and the book makes a substantial contribution to our understanding of the French Revolution.” • Paul R. Hanson, Butler University “The Candle and the Guillotine is an absorbing study of the political dynamics between rival radical groups in Lyon during the Revolution. It is particularly effective at creating a vivid sense of the experience of revolution and the powerful emotions it engendered.” • Marisa Linton, Kingston UniversityTable of Contents List of Illustrations Acknowledgements Introduction Part I: Inspirations Chapter 1. The Most Polished Town Chapter 2. Life in the Country Chapter 3. Crises and Revolution Chapter 4. The Candle Flares Part II: Aspirations Chapter 5. Patriots and Traitors Chapter 6. ‘A Lively Political Milieu’ in Lyon Chapter 7. New Judges Chapter 8. The First Republic Part III: Retributions Chapter 9. Trials and Emotions Chapter 10. Prison Wars Chapter 11. Ousting of the Jacobins Chapter 12. Bastille Day, 1793 Chapter 13. Terror in Lyon Conclusion Glossary of Terms Glossary of Names Bibliography Index
£89.10
Edward Elgar Publishing Ltd The EU and Constitutional Time: The Significance
Book SynopsisThis insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time. The author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.Trade Review‘Massimo Fichera examines the constitutional dimensions of the European Union in this learned and intellectually rich volume. He explains but also challenges many familiar constitutional concepts and categories. This book brims with ideas and is critical reading for anyone concerned with the problems and promises of modern constitutionalism.’ -- Richard Kay, University of Connecticut, US‘Massimo Fichera has produced a highly original and enlightening extended essay on the way in which the passage of time is factored into the constitutional imaginary both of the modern State and of the ‘postmodern’ European Union. In so doing, he offers an important response to those voices – theoretical and practical – that doubt the capacity of Europe to frame a common political future.’ -- Neil Walker, University of Edinburgh, UK‘This book defends the ambitious thesis that if constitutions articulate what a collective commits to over time, so, too, different interpretations of the temporality of commitment inform different constitutional ideal types. The fractal temporality of communal constitutionalism is well suited, to deal with the challenges of societal commitment in multi-level governance.’ -- Hans Lindahl, Tilburg University, the Netherlands, and Queen Mary University of London, UKTable of ContentsContents: 1. Constitutionalism ideal-types 2. Framing EU constitutional time: a future-oriented theory of constitutional change for the EU 3. The rule of law and populism 4. Longue durée and the economic constitution 5. Communal constitutionalism and the paradox of ‘large time’ 6. The EU and constitutional time: conclusions Bibliography Index
£80.00
Edward Elgar Publishing Ltd The European Service Regulation: A Commentary
Book SynopsisPresenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives balanced and informed guidance for the proper operation of judicial cooperation in civil and commercial matters within the EU in the field of cross-border service of documents.First setting out the origins and evolution of the Regulation, the Commentary proceeds to analyse in forensic detail the relevant case law of both the European Court of Justice and national courts on cross-border service. It moreover points the reader to the pertinent legal scholarship from various EU jurisdictions, and provides a pathway for solving practical problems surrounding the service of documents between Member States of the European Union in civil and commercial proceedings.Key Features: Systematic article-by-article analysis facilitates navigation and reference Integration of the relevant case law ensures a rounded interpretation of the Regulation Practical approach provides tangible guidance for complex cross-border proceedings Renowned team of contributors offer clarity and insight/ Thanks to its in-depth but also practical analysis of each provision of the Regulation, the Commentary will be a valuable resource for judges, scholars and students of European procedural law, as well as for practitioners involved in cross-border civil and commercial litigation.Trade Review‘Written clearly and concisely, this is an in-depth and highly up-to-date analysis of the cross-border service of documents system in the EU. A truly European Commentary based on a comparative approach; crucial reading for anyone involved in, or interested in, this important area of international private law - practitioners, judges, court staff and legal scholars alike.’ -- Aleš Galič, University of Ljubljana, Slovenia‘This Commentary offers a thorough and comprehensive analysis of the European Service Regulation, which governs the use of service documents abroad within the European Union. The list of contributors is impressive and includes some of the leading experts in European private international law. It is an essential work for scholars and practitioners of international litigation. A safe guide for navigating the stormy sea of cross-border notifications.’ -- Michele Angelo Lupoi, Università di Bologna, Italy‘The European Service Regulation is a well-written and comprehensive analysis of the importance of cross border service of documents. It provides a clear and concise roadmap for anyone dealing with cross-border disputes and should be compulsory reading for all involved in the well-functioning of the EU judicial area.’ -- Marc Schmitz, International Union of Judicial Officers (UIHJ)‘This comprehensive and carefully written article-by-article Commentary provides a valuable experts’ guide to all the novel features of the Recast Service Regulation. It deserves a prominent place on every practitioner’s physical or digital desk.’ -- Symeon C Symeonides, Willamette University, OregonTable of ContentsContents: The European Service Regulation: Introduction 1 Andreas Stein CHAPTER I GENERAL PROVISIONS 1 Scope 27 Apostolos Anthimos 2 Definitions 59 Elena Alina Onţanu 3 Transmitting and receiving agencies 64 Marta Requejo Isidro 4 Central body 68 Marta Requejo Isidro 5 Means of communication to be used by transmitting agencies, receiving agencies and central bodies 71 Marta Requejo Isidro 6 Legal effects of electronic documents 76 Burkhard Hess 7 Assistance in address enquiries 79 Burkhard Hess CHAPTER II JUDICIAL DOCUMENTS 8 Transmission of documents 86 Michael Stürner 9 Translation of documents 93 Gilles Cuniberti 10 Receipt of documents by receiving agency 96 Michael Stürner 11 Service of documents 101 Michael Stürner 12 Refusal to accept a document 105 Gilles Cuniberti 13 Date of service 120 Vincent Richard 14 Certificate of service and copy of the document served 129 Stefano Dominelli 15 Costs of service 143 Stefano Dominelli 16 Transmission by diplomatic or consular channels 156 Christian Koller 17 Service by diplomatic agents or consular officers 160 Kevin Labner 18 Service by postal services 168 Vincent Richard 19 Electronic service 177 Apostolos Anthimos 20 Direct service 191 Pietro Franzina CHAPTER III EXTRAJUDICIAL DOCUMENTS 21 Transmission and service of extrajudicial documents 198 Pietro Franzina CHAPTER IV FINAL PROVISIONS 22 Defendant not entering an appearance 205 Apostolos Anthimos 23 Amendment of Annex I 236 Apostolos Anthimos 24 Exercise of the delegation 239 Apostolos Anthimos 25 Adoption of implementing acts by the Commission 243 Apostolos Anthimos 26 Committee procedure 246 Apostolos Anthimos 27 Reference implementation software 249 Elena Alina Onţanu 28 Costs of the decentralised IT system 255 Elena Alina Onţanu 29 Relationship with agreements or arrangements between Member States 260 Apostolos Anthimos 30 Legal aid 265 Apostolos Anthimos 31 Protection of information transmitted 267 Alexandros Ioannis Kargopoulos 32 Respect for fundamental rights under Union law 286 Alexandros Ioannis Kargopoulos 33 Communication, publication and manual 299 Apostolos Anthimos 34 Monitoring 302 Apostolos Anthimos 35 Evaluation 306 Apostolos Anthimos 36 Repeal 309 Apostolos Anthimos 37 Entry into force and application 311 Apostolos Anthimos Bibliography 313 Index
£166.25
Edward Elgar Publishing Ltd The Judicial System: The Administration and
Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index
£26.55
Edward Elgar Publishing Ltd The Judicial System: The Administration and
Book SynopsisExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization. Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.Trade Review'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.' -- Kjell Å Modéer, Lund University, Sweden'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.' -- John Bell, University of Cambridge, UK'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.' --Leonardo Morlino, LUISS Guido Carli, ItalyTable of ContentsContents: 1. The Judge: A New Actor in the Political Landscape 2. Doing Justice 3. The Judicial System: Access to Courts 4. The Judicial System: Adjudication 5. The Judiciary 6. Models of judicial decision-making 7. Theories of Judicial Power 8. The Expansion of Judicial Power: Cases 9. Courts and Politics: What Relationships? Bibliography Index
£89.30
Edward Elgar Publishing Ltd The EU and the Rule of Law in International
Book SynopsisThis timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the ‘autonomy’ of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law.Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them.Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.Trade Review‘The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union’s Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora’s Box I have come across.’ -- Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The HagueTable of ContentsContents: Foreword x PART I RULE OF LAW: BETWEEN AUTONOMY AND JUDICIAL DIALOGUE 1 The EU: Unifying or fragmenting force in international law? 2 Philippa Webb 2 Three years after Achmea: What is said, what is unsaid, and what could follow 14 Andrea Biondi and Giorgia Sangiuolo 3 Opinion 1/17 of the Court of Justice on the legality, under EU law, of the investor-to-state dispute settlement mechanism included in the CETA agreement. A case of legal pragmatism or the dawn of a new era? 37 Sonja Boelaert 4 Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU 69 Urszula Jaremba and Giancarlo Piscitelli 5 The relationship between the Court of Justice of the European Union and international courts after Opinion 1/17 89 Ewa Żelazna 6 Settling disputes on TSD Chapters of EU FTAs: Recent trends and future challenges in the light of CJEU Opinion 2/15 107 Susanna Villani PART II PROMOTING DIALOGUE IN THE EU EXTERNAL ECONOMIC RELATIONS. DIALOGUE BY TREATY DRAFTING 7 The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order 127 Steffen Hindelang 8 Draft EU-Swiss institutional agreement: Towards a new institutional paradigm? 154 Adam Łazowski 9 The role of treaty drafting in ensuring the binding nature and enforcement of international rulings handed down against States or international institutions: A comparison of EU and US case-law 180 Quentin Declève 10 The phasing-out of intra-EU BITs and the risk for the rule of law 194 Raymundo Tullio Treves 11 Unleash the liger: The nature of the investment court system and its impact on enforcement 213 Simon Weber 12 Human rights scrutiny under the EU Generalised Scheme of Preferences: The Uzbek cotton industry as a case study 238 Rosana Garciandia 13 New tendencies in Free Trade Agreement drafting: International financial standards in the EU Free Trade Agreements 257 Elisa Longoni PART III INTERNATIONAL COURTS AND TRIBUNALS UPHOLDING THE RULE OF LAW 14 Some remarks on the contribution of UN courts and tribunals to the rule of law and the unity of international law 277 Fausto Pocar 15 Old stage, new actors: The PCA as a platform for an evolving rule of law 288 Hugo H. Siblesz 16 WTO dispute settlement: A curse or a bliss in international trade relations? 300 Federico Ortino 17 Judicial protection in the EEA 311 Frank J. Büchel and Carsten Zatschler Index 333
£121.00
Four Courts Press Ltd The Politics of Judicial Selection in Ireland
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£76.57
University of London Judicial Institutions in Nineteenth-Century Latin
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£15.19
Avizandum Publishing Ltd The Nobile Officium: The Extraordinary Equitable
Book SynopsisThe nobile officium gives the supreme courts of Scotland jurisdiction to do something out of the ordinary to prevent oppression or injustice where no other remedy or procedure is available. It may be used in any issue justiciable before the courts. This is the first text dedicated to this unique and extraordinary jurisdiction.
£49.40
Haus Publishing The Power of Judges
Book SynopsisThe role of the Supreme Court has often been considered out of reach and incomprehensible to the vast majority of the public, while judges might be seen as a caste apart from society, remote to most people. The Power of Judges tries to defy this logic, exploring the fundamental concept of justice and explaining in a simple way the main functions of the courts, the challenges they face and the complexity of the judicial system. In a remarkable effort to make the judiciary more accessible, David Neuberger and Peter Riddell lead the reader through a vast array of subjects such as the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and try to shed light on complex and controversial subjects like the role of arbitration and mediation, the matter of assisted dying and the complex balance of dealing with mass terrorism while protecting personal liberty. In the book’s final chapters the authors question the validity of an unwritten constitution and the robustness of the legal system today. The book also offers a comparison of the UK’s legal system with its counterparts in the US and Germany. Full of insights, The Power of Judges is an informative and accessible account of the UK judicial system, its contribution to running the country and the challenges it faces, including the many threats to its effectiveness.
£7.59
Duncker & Humblot Justiz Und Algorithmen: Uber Die Schwachen
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£95.92
Duncker & Humblot Reform Des Bundesverfassungsgerichts?
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£52.42
Duncker & Humblot Zivilrichterliche Prozessleitung
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£52.42
Verlag Vittorio Klostermann Juristische Wahrheit: Eine Studie Zum
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£60.75
Peter Lang AG Hochschul- und Wissenschaftsfinanzierung als
Book SynopsisDie Autorin befasst sich mit den verfassungsrechtlichen Möglichkeiten und Grenzen des 2014 reformierten Art. 91b GG im Kontext der bundesstaatlichen Hochschul- und Wissenschaftsfinanzierung. Dabei untersucht sie Gesetzgebungs-, Verwaltungs- und Finanzierungskompetenzen von Bund und Ländern im Wissenschaftsbereich und greift die seit langem bestehende Kritik an der bundesstaatlichen Aufgaben- und Finanzverflechtung auf. Anhand der gewonnenen Erkenntnisse unterzieht sie die Praxis der kooperativen Wissenschaftsförderung ferner einer verfassungsrechtlichen Analyse. Ausgehend von ihrem Verdikt einer in weiten Teilen verfassungswidrigen Wissenschaftsförderung weist sie auf weiteren Reformbedarf hin und zeigt Reformperspektiven der bundesstaatlichen Wissenschaftsfinanzierung auf.
£69.08
Peter Lang GmbH, Internationaler Verlag der Wissenschaften Fehlentscheidungen in der Strafjustiz Wenn die
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£55.20
Malthouse Press Astute Judical Judgements and Essays: In Honour
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£57.47
